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Home My WebLink AboutVA199900006 Other 1999-04-07STAFF PERSON: Jan Sprinkle PUBLIC HEARING: April 6, 1999 STAFF REPORT VA-99-06 OWNER/APPLICANT: John Dezio, Trustee (Owner)/Bianca Hawranke, (Applicant) TAX/MAP/PARCEL: 44/12G ZONING: RA, Rural Areas ACREAGE: 3.322 LOCATION: Northeast side of Woodlands Road (Rt. 676) approximately 800' south of its intersection with Reas Ford Road (Rt. 660) TECHNICAL REQUEST AND EXPLANATION: In order to allow an existing freestanding carport to remain as built (without a building permit), the applicant requests relief from two sections of the ordinance. as follows: Section 4.6.1.2. Minimum lot width shall be at least the same distance as the frontage required for the district in which such lot is located. The depth of front and rear yards shall be established where minimum lot width is achievable but shall not be less in depth than required for the district in which such lot is located. Section 4.11.2.1, Accessory Structures. If no utility or drainage easements or other easements are adversely affected, accessory structures or portions thereof may be erected no closer than six (6) feet to adjacent lot lines in the case of detached structures, or to a common wall in the case of attached structures; provided further that no such structure shall be located within any yard required by Section 4.6.3 [Lots, Yards Adjacent to Street.] The request is to reduce the lot width from 150 to 60 feet and the side setback for an accessory structure from 6 feet to 4 feet. The variances are 90 feet for the lot width and 2 feet for the accessory structure side yard. RELEVANT HISTORY: This lot was created by county approved subdivision plat in 1978. (SUB 78-023) Ms. Hawranke also has a Home Occupation Class A permit for massage therapy (HO 93-271). PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This property is the same size and shape it was prior to the adoption of our zoning ordinance in 1980. The pipestem portion of the lot is 445 feet long, and when combined with the setback determined by the lot width, the area available for building is actually 500 feet from Rt. 676. The remaining 3 acre area has no unusual features, no exceptional size or shape restrictions and no topographic features that unreasonably restrict the use of this parcel. The slope from Rt. 676 to approximately 100 feet behind the existing house averages only 4.4%. About 250 feet behind the house there is a 12-foot drainage easement containing an intermittent stream which drains to the South Fork Rivanna Reservoir less than one mile away. Staff Report VA 99-06 Page 2 April 6, 1999 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: April 6, 1999 STAFF REPORT VA-99-06 PAGE TWO Although the dwelling was built in 1980, Ms. Hawranke has only been involved with the property since 1994. She received a building permit on September 23, 1994 for an addition to the house. The carport was constructed without a building permit, possibly in 1995. After a complaint was lodged in 1997, this department worked on and off with Ms. Hawranke to gain compliance, finally culminating in this variance request. The carport is a wood -framed structure that appears to be rather unstable but blends with the eclectic combination of structures on the property. The carport is joined along the front property line by a fenced chicken yard. There is also a children's playhouse and swing set in front of the house but in compliance with the setbacks, as well as a frame farm building on the east side of the house. Along the western property line, from the end of the existing graveled driveway, there is a grassed area which leads to a gate in the fence that defines the horse pasture behind the house. Between this grassed area and the house, there is sufficient space to construct a carport —a grassed area of approximately 30' x 40' . Since this is an obvious "driveway" to the gate (although unimproved with gravel or asphalt), it is a very logical place for storing vehicles. Ms. Hawranke says that the area is too wet for building construction, but it was quite dry during staff inspection. This parcel has at a minimum 2 acres of land, unencumbered by setbacks of any type, available for structures. Although it would be inconvenient for the applicant, the fencing could be changed and area made available for whatever use is desired. Clearly the dwelling and farm building have been used for many years demonstrating that reasonable use of the property is already enjoyed. There is no demonstrable hardship in this case, and therefore, granting a variance would be a special privilege and convenience for the applicant. APPLICANT'S JUSTIFICATION AND STAFF COMMENT: Hardship The applicant comments that the variance is necessary because: • This simple carport provides excellent shelter for my car and I'd like to keep it in the best shape possible for years to come. • It is also a convenience to have shelter when you enter or exit the car in bad weather especially with children and groceries. • I'm a single mother with limited financial assets and can't afford several thousand dollars to build a new carport. The existing one was built from scratch pieces with the help of a friend. • The way the property and house are laid out does not provide for another building site. I:IDEPTIBuilding & ZoninglReportslva99-06.doc Staff Report VA 99-06 Page 3 April 6, 1999 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: April 6, 1999 STAFF REPORT VA-99-06 PAGE THREE Staff cannot identify any hardship as described under the Code of Virginia relating to granting a variance. With the existing house and other accessory structures, there is reasonable use of the property. There is sufficient room to construct a carport between the house and the drivable area and gate that is used to access the rear field. This parcel has at least two usable acres for buildings. 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Unigueness of Hardship The applicant notes: • Because of the unique layout of my property I can't see that other people in my neighborhood would face the same problem. Although pipestem lots are unusual they are not unique. All rural area properties that have pipestems or access easements, or, are pie -shaped lots on cut -de -sacs, must abide by the lot width regulation to determine their setback. All rural area properties must abide by the 6-foot accessory structure setback. 2. The applicant has not provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity. Impact on Character of the Area The applicant offers: • My neighbors are not even close to my house or carport and can't even see it from their houses. I can't see how anybody could be bothered by my carport. Staff agrees that the carport does not change the character of the district. It is currently not visible from the road due to the distance (450 feet), the materials and color of the structure, and the trees along the property line. Although partially visible from the property to the west, a carport is a reasonably anticipated accessory structure in the Rural Areas zoning district. 3. The applicant has provided evidence that the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance. STAFF RECOMMENDATION: Since only one of the three criteria have been met, staff recommends denial of both variances. Staff notes that approving only one of the requests would leave the structure in violation. Both variances would have to be approved to remedy the situation. In that light, should the Board find cause to approve the two requests, staff recommends the following conditions: I: IDEPTBuilding & ZoninglReportslva99-06.doc Staff Report VA 99-06 Page 4 April 6, 1999 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: April 6, 1999 STAFF REPORT VA-99-06 PAGEFOUR 1. This approval is for the carport already constructed. Should the existing carport have to be removed and reconstructed for any reason, including failure to meet building codes, this variance shall. If the carport is reconstructed it shall be in compliance with the original lot width and setback requirements. 2. 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